How did Tata steal tax returns and break their salary contracts to Indians they placed in California jobs? Because they first discriminated against Americans based on nation origin, using both H1-b (a hiring program) and L-1 (an employee transfer program).

This is why we are demanding that visa programs be fixed to require all companies seek local American talent first. Seeking local talent protects the United States from companies that do evil.

This is one of 100 openly discriminatory want ads posted by Avant Healthcare seeking foreign citizens in the US. Now you can understand why the DOJ went after this American company.

Below is press coverage by the AP:

WASHINGTON (AP) Feb. 8, 2013— The Justice Department and Avant Healthcare Professionals LLC have resolved allegations that the company posted discriminatory job advertisements on the Internet.

The government says hundreds of job postings by the health care staffing company based in Casselberry, Fla., contained language impermissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers.

The Immigration and Nationality Act bars employers from discriminating on the basis of citizenship or immigration status unless required by law, regulation or government contract. None of those limited exceptions applied to Avant's recruitment efforts.

Avant has agreed to pay $27,750 in civil penalties, adhere to the law's anti-discrimination protections and undergo monitoring requirements for three years.

BFJ comments on the impact of "monitoring" For 3 years, the DOJ can conduct random audits on Avant Healthcare, inspect their offices, interview witnesses and examine business documents, and compel them to produce compliance reports. If they don't behave, the DOJ will determine they are in violation. Also, the DOJ will still investigate any discriminatory complaints logged against them.

This monitoring agreement will probably prevent many companies from entering into contracts with Avant Healthcare while they are in "re-hab". Many companies have strict policies of rejecting sub-contractors that have lawsuits pending or special government monitoring.

If you were this company, would you rather pay a much larger fine to avoid 3 years of monitoring? Have you ever worked for a company which was monitored by the DOJ? Any lawyers reading this can also explain what this monitoring means.

Most Americans are unaware that corporate visas, and even foreign student work permits, allow Indian outsourcing companies to discriminate against qualified Americans for their US job openings. They can even displace Americans with these visas. A new bi-partisan bill introduced in the Senate will increase these visas while maintaining this discrimination.

An Indian media outlet covers this bill, explaining that if this bill passes it will be a "boost for Indian companies and Indian IT companies."

“All the shouting in the media is about ‘amnesty,’” Tamar Jacoby, president of ImmigrationWorks USA, which represents employers who favor more temporary workers, said in a panel discussion Friday about rethinking reform. “But the real hard part is this conversation between labor and business and structuring a system that works. Literally in ’06 and ’07 there were two debates going on. One was on TV, but the real hard talks in the backroom were about business and labor and getting this right. And they were very stubborn talks.”

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